(1)
The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
[(1-A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class or cases in the Courts of Magistrates.] [Inserted by Act 45 of 1978, Section 9, w.e.f. 18.12.1978.]
(2)
Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.
(3)
Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case :
Provided that a police officer shall not be so appointed -
(a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or
(b) if he is below the rank of Inspector.
(2)
A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practising as an the concurrence of the Chief Justice of the High Court.
(3)
The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State.
(4)
Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5)
Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-Section 1 or as the case may be, sub-section 8 of Section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6)
Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-Section 3 or as the case may be, sub-section 8, of Section 24 to conduct cases in the District Court and every Assistant Public Prosecutor appointed under sub-section 1 of Section 25 shall be subordinate to the Deputy Director of Prosecutor.
(7)
The powers and functions of the Directors of Prosecution and the Deputy Director of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify,
(8)
The provisions of Section shall not apply to the Advocate General of the State while performing the functions of a Public Prosecutor.] [Inserted by Act 25 of 2005, Section 4 (w.e.f. 23.6.2006).]